[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Notices]
[Pages 35191-35192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16599]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-423]
Northeast Nuclear Energy Company, et al. Millstone Nuclear Power
Station, Unit 3; Notice of Consideration of Approval of Application
Regarding Proposed Corporate Merger and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 50.80 approving the
indirect transfer of Facility Operating License No. NPF-49 for the
Millstone Nuclear Power Station, Unit No. 3 (Millstone Unit 3), to the
extent held by New England Power Company (NEP), one of 13 joint owners
of Millstone Unit 3. The indirect transfer would be to The National
Grid Group plc (National Grid) resulting from the planned merger of
National Grid and New England Electric System (NEES), the parent
company of NEP.
[[Page 35192]]
According to the application by NEP for approval of the indirect
transfer, on December 11, 1998, NEES entered into an Agreement and Plan
of Merger with National Grid, a holding company incorporated in England
and Wales. Upon consummation of the merger, NEES will become a wholly-
owned indirect subsidiary of National Grid with NEP remaining a
subsidiary of NEES, thereby effecting an indirect transfer of NEP's
interest in Millstone Unit 3's Facility Operating License. Northeast
Utilities, the sole licensed operator of the facility, would remain as
the managing agent for the 13 joint owners of the facility and would
continue to have exclusive responsibility for the management, operation
and maintenance of Millstone Unit 3. The application does not propose a
change in the rights, obligations, or interests of the other joint
owners of Millstone Unit 3. In addition, no physical changes to
Millstone Unit 3 or operational changes are being proposed. No direct
transfer of the license will result from the proposed merger.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
transfer of control will not affect the qualifications of the holder of
the license, and that the transfer is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission pursuant thereto.
The filing of requests for hearing and petitions for leave to
intervene, and written comments regarding the license transfer
application, are discussed below.
By July 20, 1999, any person whose interest may be affected by the
Commission's action on the application may request a hearing, and, if
not the applicants, may petition for leave to intervene in a hearing
proceeding on the Commission's action. Requests for a hearing and
petitions for leave to intervene should be filed in accordance with the
Commission's rules of practice set forth in Subpart M, ``Public
Notification, Availability of Documents and Records, Hearing Requests
and Procedures for Hearings on License Transfer Applications,'' of 10
CFR Part 2. In particular, such requests and petitions must comply with
the requirements set forth in 10 CFR 2.1306, and should address the
considerations contained in 10 CFR 2.1308(a). Untimely requests and
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good
cause for failure to file on time is established. In addition, an
untimely request or petition should address the factors that the
Commission will also consider, in reviewing untimely requests or
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
Requests for a hearing and petitions for leave to intervene should
be served upon Edward Berlin, Esq., and Scott P. Klurfeld, Esq.,
Swidler Berlin Shereff Friedman, LLP, 3000 K Street, NW, Suite 300,
Washington, DC 20007-5116, attorneys for New England Power Company;
Thomas G. Robinson, Esq., New England Power Company, 25 Research Drive,
Westborough, MA 01582, attorney for New England Power Company; Samuel
Behrends IV, Esq., Mary A. Murphy, Esq., and Yvonne M. Coviello, Esq.,
LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875 Connecticut Avenue, NW,
Suite 1200, Washington, DC 20009, attorneys for the National Grid Group
plc and NGG Holdings LLC; Paul K. Connolly, Jr., Esq., LeBoeuf, Lamb,
Greene & MacRae, L.L.P., 260 Franklin Street, Boston, MA 02110,
attorney for NGG Holdings LLC; Lillian M. Cuoco, Esq., Senior Nuclear
Counsel, Northeast Utilities Service Company, 107 Selden Street,
Berlin, Connecticut, 06037, attorney for Northeast Nuclear Energy
Company; the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555 (e-mail address for filings regarding license
transfer cases only: [email protected]); and the Secretary of the
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff, in accordance
with 10 CFR 2.1313.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
As an alternative to requests for hearing and petitions to
intervene, by July 30, 1999, persons may submit written comments
regarding the license transfer application, as provided for in 10 CFR
2.1305. The Commission will consider and, if appropriate, respond to
these comments, but such comments will not otherwise constitute part of
the decisional record. Comments should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
Attention: Rulemakings and Adjudications Staff, and should cite the
publication date and page number of this Federal Register notice.
For further details with respect to this action, see the
application dated March 15, 1999, submitted under cover of a letter
dated March 15, 1999, which are available for public inspection at the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC, and at the Millstone Unit 3 local public document
rooms located at the Learning Resources Center, Three Rivers Community-
Technical College, 574 New London Turnpike, Norwich, Connecticut, and
the Waterford Library, ATTN: Vince Juliano, 49 Rope Ferry Road,
Waterford, Connecticut.
Dated at Rockville, Maryland this 21st day of June 1999.
For the Nuclear Regulatory Commission.
John A. Nakoski,
Senior Project Manager, Section 2, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-16599 Filed 6-29-99; 8:45 am]
BILLING CODE 7590-01-P
